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HomeMy WebLinkAbout756 B.W. Inc. Meridian Middle Academy AZORDINANCE NO. 756 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO: AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of "the Ci.Dty Hof Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property-` which is' described in Section 1 below: � NOW, THEREFORE, BE IT ORDAINED b the Ma o' ? w ,J� c � lv Y Mayor , ate; C��'ty�C.,fl��.'J. of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land being a portion of the E 1/2 S 1/2 N 1/2 NW 1/4 SW 1/4 of Section 8, Township 3 North, Range 1 East, BM, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 8; Thence S 00°00'04" E, along the West line of said Section, a distance of 662.76 feet to the SW corner of the N 1/2 NW 1/4 SW1/4 of said Section 8; Thence N 89*38129" E, a distance of 662.20 feet to the SW corner of the E 1/2 S 1/2 N 1/2 NW 1/4 SW 1/4 of said Section, THE REAL POINT OF' BEGINNING, Thence N 00*01'07" E, along the East side of Locust Grove Road, a distance of 331.33 feet; Thence N 89038,40" E, a distance of 657.47 feet; Thence S 00002,32" W, a distance of 331.30 feet to the North boundary of Layne Industrial Park Subdivision; Thence S 89038'29" W, along said North boundary a distance of 657.33 feet, to the REAL POINT OF BEGINNING, containing 5.00 acres of land, more or less. is hereby annexed to the City of Meridian, and shall be zoned TE ORDINANCE - B.W. INC. Page 1 Technical District; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de - annexed; the land may only be developed under the conditional use process. Section 2. That the property shall be subject to de - annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. C. That the development shall be aesthetically maintained with a 35-foot setback for landscaping along any arterial roads. d. That, as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 11-2- 416 L and 11-2-417 D; that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605, of the Revised and Compiled Ordinances of the City of Meridian. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact development fee or transfer fee adopted by the City. e• That the development of annexed land must meet and comply With the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements. ORDINANCE - B.W. INC. Page 2 f. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. g. That if these conditions of approval are not met the property shall be subject to de -annexation. h. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de -annexation, which conditions subsequent shall run with land and also be personal to the owner and Applicant. Section 4. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council. and approved by the Mayor of the City of Meridian, Ada County, Idaho, this Zf' .__. day of April, 1997. APPROVED: �,�..,� •mil_ �►Y R BOB CORRIE ORDINANCE - B.W. INC. Page 3 ATTEST:of W LIAM G. BERG, JR. — CITY CLERK B.L 'I���l✓gyp �� T .�1T � � �``ti. STATE OF IDAHO' ),P •�`, : s s . r j ��r7U7777 t1NN00 `` County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE," passed as Ordinance No. 5E the City Council and Mayor of the City of Meridian n the It day of April, 1997, as the same appears in my office. DATED this //_`� 'fA d ,,,pr7A 1997. B L (" Clerk, City of a dean ? Pica County, Idaho STATE OF I DAHO,)',,7b� t County of Ada, ) ss • 'f�r��777rr77 Ea�t�N�,°```titi+ On this day of April, 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL O — L !G Nc ar Publi' / for Idaho B L Residing at Meridian, Idah �,�� . � �• My Commission Expires ORDINANCE =�• *f ` Page 4 1 i 11 ^V Ili 1 II Ili i W II 1 - 1 - I / N - -1 u , I ----- --- --------------- ��.����.���...��-- -------- R ' i I 1111 kj INSI. I( Q 0 III; j 1 1 l j 4l w 1 o2132 `ly, j 1 I I V, ,f � 4F T m I 1 i II 11 / ' 11 ii i i - 1 3 r � 1 1 t I i -- 1 1 1 I , 1 i I i 1 , 1 1 f I I 1 1 I � i ; I I 1 i 1 I I 1 � I 1 I I I I I I I -1.WN---------- 8~ ORDINANCE NO. 756 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PORTION OF THE EAST 1/2 SOUTH 1/2 NORTH 1/2 NORTHWEST 1/4 SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1: That the rea( property described as: A parcel of land being a portion of the E 1 /2, S 1 /2 N 1 /2 N W 1 /4 S W 1 /4 of Section 8, Township 3 North, Range 1 East, BM, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 8; Thence S 00°00'04" E along the West line of said Section, a distance of 662.76 feet to the SW comer of the N 1 /2 NW 1 /4 SW 1 /4 of said Section 8; Thence N 89°38'29" E a distance of 662.20 feet to the SW corner of the E 1/2 S 1/2 NW 1/4 SW 1/4 of said Section, THE REAL POINT OF BEGINNING, Thence N 00°01'07" E, along the East side of Locust Grove Road, a distance of 331.33 feet; Thence N 89°38'40" E, a distance of 657.47 feet; Thence S 00°02'32" W, a distance of 331.30 feet to the North boundary of Layne industrial Park Subdivision; Thence S 89°38'29" W, along said North boundary a distance of 657.33 feet, to the REAL POINT OF BEGINNING, containing 5.00 acres of land, more or less. is hereby annexed to the City of Meridian, and shall be zoned TE Technical District; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning; that the Applicant shall pay any impact development fee or transfer fee adopted by the City of Meridian as a condition of annexation and if not paid the land shall be de-annexed; the land may only be developed under the conditional use process. Section 2. That the property shall be subject to de-annexation if the owner shall not meet the following requirements: ANNEXATION ORDINANCE - B.W. INC. PAGE 1 81 a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land, b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian- Comprehensive Plan adopted January 4, 1994. c. That the development shall be aesthetically maintained with a 35-foot setback for landscaping along any arterial roads. d. That as a condition of annexation, the Applicant shall enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D that the development agreement shall address the following, among other items: 1. Inclusion into the subdivision of the requirements of 11-9-605 C, G, H 2, K, L, and M of the Revised and Compiled Ordinances of the City of Meridian. 2. The Applicant and owners of the property, and if required, any assigns, heirs, executors or personal representatives, pay when required, any impact development fee or transfer fee adopted by the City. e. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements. f. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. g. That if these conditions of approval are not met the property shall be subject to de-annexation. h. Meet the requirements and conditions of the Findings of -Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That if the Applicant shall fail to meet the above conditions the property shall be subject to de-annexation, which conditions subsequent shall run with the land and also be personal to the owner and Applicant. Section 4. That the City Clerk shaA cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission with ten (10) days following the effective date of this Ordinance. Section 5. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by (aw. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 15th day of April, 1997. AP VED: BERT D. CORRIE, MAYOR ATTES \````,```~~~~~t-a~,rj, ,,,~~~ ~~ ~ ~ ~4 WILLIAM G. BERG, JR., CI CL RK ;' ~ r, ANNEXATION ORDINANCE - B.W. INC. ,~ S~I'' PAGE Z ~.